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(a)(1) The Arkansas Real Estate Commission may on its own motion and shall on the complaint in writing of a person, if the complaint and evidence presented make a prima facie case, investigate the action of a person or entity engaged in the business or acting in the capacity of a real estate school, association, or instructor licensed by the commission.
(2) A student's inability to pass the real estate exam does not in and of itself make a prima facie case.
(3) If the complaint fails to state a prima facie case or if the Executive Director of the Arkansas Real Estate Commission determines there is insufficient proof of a violation of this subchapter, the executive director shall dismiss the complaint.
(4) If the executive director determines that there is sufficient proof of a violation of this subchapter, the person or entity responsible shall be notified of the charges and ordered to appear for a hearing.
(5) If the person or entity is found to have violated this subchapter, the commission may impose one (1) or more of the following sanctions:
(A) Suspend, revoke, or deny:
(i) The license of the person or entity; or
(ii) A course approval or the renewal of a course approval;
(B) Impose a penalty not to exceed one thousand dollars ($1,000) for each violation;
(C) Require completion of appropriate education programs or courses;
(D) Place conditions or restrictions on the license or course approval held by the person or entity in violation or order the licensed entity or person to reimburse moneys collected from the complainant; or
(E) Impose other requirements or penalties as may be appropriate to the circumstances of the case that achieve the desired disciplinary purposes without impairing the public welfare and morals.
(b) The commission shall file suit in the circuit court of the county in which the defendant resides or does business to collect a penalty assessed under this subchapter if the penalty is not paid within the time prescribed by the commission.
(c) Under certain circumstances, the commission may suspend the imposition of any sanction.
(d) The license of an instructor, school, or association with outstanding disciplinary fines or student reimbursements is suspended until the moneys owed the commission or amounts ordered to be paid by the commission are paid.
Cite this article: FindLaw.com - Arkansas Code Title 17. Professions, Occupations, and Businesses § 17-42-516. Investigation of complaint--Penalties - last updated January 01, 2020 | https://codes.findlaw.com/ar/title-17-professions-occupations-and-businesses/ar-code-sect-17-42-516/
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